Guaranteeing a Federally Elected President

Guaranteeing a Federally Elected President
Author: Kristin Feeley
Publisher:
Total Pages: 0
Release: 2008
Genre:
ISBN:

This Note addresses the constitutionality of National Popular Vote (NPV) legislation. National Popular Vote is a movement to reform the electoral college via state statute to turn the Presidential election into a national one. Four states (Maryland, New Jersey, Illinois, and Hawaii) have already passed laws providing that, in the event that states representing 270 electoral votes pass similar legislation, their electors will be awarded to the winner of the national vote. This Note argues that NPV legislation violates the guarantee clause, which incorporates aspects of process federalism, including a federally elected President. Part I discusses the national popular vote movement and applicable jurisprudence, arguing that although the Supreme Court recognizes that state legislatures have "plenary" power to appoint presidential electors, they cannot radically alter the Electoral College by enacting just any method for selecting presidential electors. In addition, Part I provides background on two potential constitutional problems for NPV legislation: the Compact Clause and the Guarantee Clause. Part II examines the principles of republican government that the Guarantee Clause protects. An analysis of historical sources from the framing and ratification of the Constitution, state practices concerning appointment of presidential electors, and other scholarly interpretations of the meaning of republican government reveals that the Guarantee Clause protects a compound republican government at the national level. It concludes that the guarantee of a republican form of government encompasses aspects of process federalism. Part III applies these republican principles to argue that NPV legislation is unconstitutional for two reasons. First, a national election of the President violates the concept that, in our compound republic, the source of the President's power is federal, not national. Second, the means employed by NPV violates the Guarantee Clause, and if electoral reform is desired, it should come through constitutional amendment. Allowing a minority of states to switch the nation to a national popular vote would also violate the republican principle that no state shall legislate for another state. In addition, allowing states unbridled discretion to adopt schemes like that in NPV legislation fails to account for the problem of "superstates." Superstates could be created if one state combines its electors with another's. Those two states could then send their electors to the winner of the superstate's vote. Taken to the extreme, the eleven states with a total 270 electoral votes could form a superstate where all 270 electoral votes go to the winner of the superstate, making the remaining thirty-nine states irrelevant in presidential elections. This suggests that there should be some constitutional limit on the ability of some states to make legislative choices for other states concerning the election of the President. Finally, Part IV discusses which branch is best suited to guarantee a federally elected President and has the power to determine that NVP legislation violates the Guarantee Clause. This Comment argues that the Supreme Court is in the best position to decide whether or not national popular vote legislation violates the Guarantee Clause. This Comment does not argue that a national popular vote is an inferior method of electing the President, it merely posits that the movement to a national popular vote should be accomplished via constitutional amendment, not by statutes in a minority of states.

The Federalist Papers

The Federalist Papers
Author: Alexander Hamilton
Publisher: Read Books Ltd
Total Pages: 420
Release: 2018-08-20
Genre: History
ISBN: 1528785878

Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

The Guarantee Clause of the U.S. Constitution

The Guarantee Clause of the U.S. Constitution
Author: William M. Wiecek
Publisher: Ithaca : Cornell University Press
Total Pages: 344
Release: 1972
Genre: Law
ISBN:

Includes material on the Whiskey Rebellion, the Dorr Rebellion, Luther v. Borden, legal status of slavery, Reconstruction, and Baker v. Carr.

Electoral College Reform

Electoral College Reform
Author: Thomas H. Neale
Publisher: DIANE Publishing
Total Pages: 34
Release: 2010-11
Genre: Political Science
ISBN: 1437925693

Contents: (1) Intro.; (2) Competing Approaches: Direct Popular Election v. Electoral College Reform; (3) Direct Popular Election: Pro and Con; (4) Electoral College Reform: Pro and Con; (5) Electoral College Amendments Proposed in the 111th Congress; (6) Contemporary Activity in the States; (7) 2004: Colorado Amendment 36; (8) 2007-2008: The Presidential Reform Act (California Counts); (9) 2006-Present: National Popular Vote -- Direct Popular Election Through an Interstate Compact; Origins; The Plan; National Popular Vote, Inc.; Action in the State Legislatures; States That Have Approved NPV; National Popular Vote; (10) Prospects for Change -- An Analysis; (11) State Action -- A Viable Reform Alternative?; (12) Concluding Observations.

The Best Candidate

The Best Candidate
Author: Eugene D. Mazo
Publisher: Cambridge University Press
Total Pages: 419
Release: 2020-09-17
Genre: Law
ISBN: 1108835392

Leading scholars examine the law governing the American presidential nomination process and offer practical ideas for reform.

The National Popular Vote (NPV) Initiative

The National Popular Vote (NPV) Initiative
Author: Andrew Nolan
Publisher:
Total Pages: 40
Release: 2019-11-03
Genre:
ISBN: 9781705363669

The National Popular Vote (NPV) initiative proposes an agreement among the states, an interstate compact that would effectively achieve direct popular election of the President and Vice President without a constitutional amendment. It relies on the Constitution's grant of authority to the states in Article II, Section 1 to appoint presidential electors "in such Manner as the Legislature thereof may direct.... " Any state that joins the NPV compact pledges that if the compact comes into effect, its legislature will award all the state's electoral votes to the presidential ticket that wins the most popular votes nationwide, regardless of who wins in that particular state. The compact would, however, come into effect only if its success has been assured; that is, only if states controlling a majority of electoral votes (270 or more) join the compact. At present, 15 states and the District of Columbia, jointly accounting for 196 electoral votes, have joined the compact. Adoption of the compact in the states has been uneven: after approval by 8 states and the District of Columbia between 2007 and 2011, the pace slowed, but since 2018, the compact has regained momentum as 5 additional states with 31 electoral votes joined. As of October 2019, NPV legislation was pending in 2 states with a total of 25 electoral votes where the legislature was in session. In 5 other states with 45 votes, NPV remained "live" and eligible to be "carried over" for consideration when their legislatures reconvene for their 2020 session. Opposition has emerged in some states.